License and Health Committee (INACTIVE)

City of West Allis 7525 W. Greenfield Ave. West Allis, WI 53214 Meeting Minutes License & Health Committee Alderperson Michael J. Czaplewski, Chair Alderperson Daniel J. Roadt, Vice-Chair Alderpersons: Kevin Haass, Michael P. May, Martin J. Weigel Tuesday, April 25, 2017 6:00 PM City Hall Room 128 REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Chair Czaplewski at 6:00 p.m. B. ROLL CALL Present 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel Others present: Patrick R. Kosidowski, John G. Mackowski, Jigar U. Chaudhari, Enrique H. Gonzalez, Devon M. Baker, Dillon T. Vojvodich, Daniel R. Seiy, Ald. Vince Vitale, Lt. Brian Saftig, West Allis Police Dept., Nicholas Cerwin, Assistant City Attorney and Ann Marie Neff, Secretary to the Committee. C. APPROVAL OF MINUTES 1. 2017-0238 Minutes (draft) of the License & Health special meeting of March 15, 2017, regular meeting of March 28, 2017, and recess meeting of April 4, 2017. Attachments: 031517 LH special meeting (draft) 032817 LH Minutes (draft) 040417 LH recess Minutes (draft) A motion was made by Ald. Roadt, seconded by Ald. May, that this matter was Approved. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 D. NEW AND PREVIOUS MATTERS Ald. Weigel informed all bartenders in attendance to call the police for problems, rather than push them outside into the public, to be a partner with the police for solving problems, be helpful, cooperative, not to over serve, to check identification, and were informed about the City's Compliance Check Programs. City of West Allis Page 1 Printed on 5/18/2017 License & Health Committee Meeting Minutes April 25, 2017 2. 2017-0153 Police Department Report involving The Alibi Tavern, 6540 W. Grant St., Alibi Taverns LLC, Patrick R. Kosidowski, Agent, Incident Date: February 22, 2017. Appearance by Patrick R. Kosidowski. Discussion ensued regarding the police report. Mr. Kosidowski stated the patron in the report had left the bar for about an hour before returning when the incident occurred. A motion was made by Ald. May, seconded by Ald. Weigel, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 3. 2017-0212 Police Department Report involving Brass Monkey, 11904 W. Greenfield Ave., of ZJ Squared Ventures LLC, John G. Mackowski, Agent, Incident Date: March 7, 2017. Appearance by John G. Mackowski. Discussion ensued regarding the police report, the bartender not calling the police and the employment status of the bartender involved in the incident. A motion was made by Ald. May, seconded by Ald. Haass, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 4. 2017-0222 Police Department Report regarding March 30, 2017 Alcohol Compliance Check involving eleven (11) West Allis businesses, resulting with two (2) selling alcohol to an underage person without requesting identification. (Jay’s Liquor, Inc., Jigar U. Chaudhari, Agent, d/b/a Riverbend Liquor, for premises located at 7506 W. Oklahoma Ave.). Appearance by Jigar U. Chaudhari. Discussion ensued regarding the police report and what steps Mr. Chaudhari will take to prevent selling to underage persons. Mr. Chaudhari was advised to make it a habit to check everyone's identification. A motion was made by Ald. Weigel, seconded by Ald. Roadt, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 City of West Allis Page 2 Printed on 5/18/2017 License & Health Committee Meeting Minutes April 25, 2017 5. 2017-0223 Police Department Report regarding March 30, 2017 Alcohol Compliance Check involving eleven (11) West Allis businesses, resulting with two (2) selling alcohol to an underage person without requesting identification. (Evisuals, LLC, Enrique H. Gonzalez, Agent, d/b/a In and Out Grocery, from premises located at 5932 W. Burnham St.) Appearance by Enrique H. Gonzalez. Discussion ensued regarding the police report and the short period of time this business has been open. Mr. Gonzalez was advised to always check identification. A motion was made by Ald. Roadt, seconded by Ald. Haass, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 6. 2017-0202 2016-2017 Adult-Oriented Establishment Operator Permit application no. 2423 of Joshua J. Bascom. Nonappearance of Joshua J. Bascom. Mr. Bascom did not contact the Clerk's Office. The Committee requested he be ordered to appear at the next scheduled License & Health meeting. This matter was Held. 7. 2017-0198 2016-2017 Operator’s License (bartender/sales clerk) application no. 17-571 of Annette R. Harris. Nonappearance by Annette R. Harris. Ms. Harris did not contact the Clerk’s Office. The Committee requested she be ordered to appear at the next scheduled License & Health meeting. This matter was Held. 8. 2017-0199 2016-2018 Operator’s License (bartender/sales clerk) application no. 18-253 of Devon M. Baker. Appearance by Devon M. Baker. Discussion ensued regarding Ms. Baker's background check and that she did not list all her violations on the application. A motion was made by Ald. Haass, seconded by Ald. May, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 9. 2017-0200 2016-2018 Operator’s License (bartender/sales clerk) application no. 18-248 of Sarinah L. Robinson. Nonappearance by Sarinah L. Robinson. Ms. Robinson did not contact the Clerk’s Office. The Committee requested she be ordered to appear at the next scheduled License & Health meeting. This matter was Held. City of West Allis Page 3 Printed on 5/18/2017 License & Health Committee Meeting Minutes April 25, 2017 10. 2017-0201 2016-2018 Operator’s License (bartender/sales clerk) application no. 18-249 of Dillon T. Vojvodich. Appearance by Dillon T. Vojvodich. Discussion ensued regarding an incident on Mr. Vojvodich's background check. Mr. Vojvodich was reminded to check identification. A motion was made by Ald. Haass, seconded by Ald. May, that this matter was Recommended For Approval. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 E. CLOSED SESSION At 6:25 p.m., Chair Czaplewski stated it was the intention of the Committee to convene in closed session at said time and in Room 113 to deliberate and confer with the City Attorney on the Summons and Complaints regarding the following matters: 1. Hideout West Allis, Inc., Daniel R. Seiy, Agent, for the premises located at 6201 W. Mitchell St., d/b/a The Hideout (2016-2017 Class B Tavern License no. 1840, Instrumental Music License no. 2051). 2. JM 6500 Bar Investments, LLC, Tonja M. Bassett, Agent, for the premises located at 6500 W. Greenfield Ave., d/b/a 6500 Restaurant and Bar (2016-2017 Class B Tavern License no. 2335, Dance Hall License no. 2336, and Tavern Entertainment License Other Entertainment no. 2337. A closed session for the above purpose is authorized pursuant to the provisions of Wis. Stats. Section 19.85(1)(a) and (g), which authorizes a governmental body, upon motion duly made and carried, to meet in closed session to deliberate concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body; and to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. A motion was made by Ald. Haass, seconded by Ald. Haass, to go into closed session. The motion carried by the following vote: Aye: 5 - Ald. Czaplewski. Ald. Haass, Ald. May. Ald. Roadt, and Ald. Weigel. No: 0 Others present: Ald. Vince Vitale, Nicholas Cerwin, City Attorney, and Ann Marie Neff, Secretary to the Committee. A motion was made by Ald. Weigel, seconded by Ald. May, to reconvene in open session. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 Upon conclusion of the closed session at 6:35 p.m., the License and Health Committee reconvened in open session at said time and in Room 128 to consider its public agenda, including motions to recommend approval or rejection of above-listed deliberations or any of the public agenda items that have not been acted upon. City of West Allis Page 4 Printed on 5/18/2017 License & Health Committee Meeting Minutes April 25, 2017 11. 2017-0244 Summons and Complaint in the matter of the complaint against Hideout West Allis Inc., Daniel R. Seiy, Agent, for the premises located at 6201 W. Mitchell St., d/b/a The Hideout (2016-2017 Class B Tavern License no. 1840, and Instrumental Music License no. 2051). Attachments: S&C The Hideout Affivadit of Service Appearance by Daniel R. Seiy. Mr. Seiy said he was not going to renew the Class B Tavern License for 2017-2018. Attorney Cerwin stated the Summons and Complaint needed to be dealt with first. Mr Siey admitted to the allegations in the Complaint. After the Closed Session was held the Committee voted for a fifteen day suspension of the licenses beginning May 10, 2017 thru May 25, 2017 and directed the City Attorney to draft the Findings and Recommendation. A motion was made by Ald. May, seconded by Ald. Haass, that this matter was Recommended To Issue a Findings and Recommendation. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 12. 2017-0141 Police Department Report involving The Hideout, 6201 W. Mitchell St., of Hideout West Allis, Inc., Daniel R. Seiy, Agent, Incident Date: February 16, 2017. See legislative file no. 2017-0244. A motion was made by Ald. May, seconded by Ald. Weigel, that this matter was Recommended to be Placed on File. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 City of West Allis Page 5 Printed on 5/18/2017 License & Health Committee Meeting Minutes April 25, 2017 13. 2017-0245 Summons and Complaint in the matter of the complaint against JM 6500 Investments, LLC, Tonja M. Bassett, Agent, for the premises located at 6500 W. Greenfield Ave., d/b/a 6500 Restaurant and Bar (2016-2017 Class B Tavern License no. 2335, Dance Hall License no. 2236, and Tavern Entertainment License Other Entertainment no. 2337). Attachments: S&C 6500 Restaurant & Bar Affidavit of Service Nonappearance of Tonja M. Bassett. Ms. Bassett did not contact the Clerk's Office. The Summons was served to Ms. Bassett on April 21, 2017, and due to her failure to appear the City Attorney stated that the allegations could be determined to be correct. After the Closed Session was held the Committee voted for revocation of the licenses and directed the City Attorney to draft the Findings and Recommendation. A motion was made by Ald. May, seconded by Ald. Weigel, that this matter was Recommended To Issue a Findings and Recommendation. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 14. 2017-0142 Police Department Report involving 6500 Restaurant & Bar, 6500 W. Greenfield Ave., of JM 6500 Investments, LLC, Tonja M. Bassett, Agent, Incident Date: February 3, 2017. See legislative file no. 2017-0245. This matter was Recommended to be Placed on File on a Block Vote. 15. 2017-0219 Police Department Report involving 6500 Restaurant & Bar, 6500 W. Greenfield Ave., of JM 6500 Investments, LLC, Tonja M. Bassett, Agent, Incident Date: March 1, 2017. See legislative file no. 2017-0245. This matter was Recommended to be Placed on File on a Block Vote. 16. 2017-0088 Police Department Report involving 6500 Restaurant & Bar, 6500 W. Greenfield Ave., of JM 6500 Investments, LLC, Tonja M. Bassett, Agent, Incident Date: January 1, 2017. See legislative file no. 2017-0245. This matter was Recommended to be Placed on File on a Block Vote. 17. 2017-0237 Communication from Susan C. Jesion regarding ownership of JM 6500 Investments, LLC, 2016-2017 Class B Tavern License no. 2335, for the premises located at 6500 W. Greenfield Ave. Attachments: S. Jesion Letter 3-29-17 See legislative file no. 2017-0245. This matter was Recommended to be Placed on File on a Block Vote. City of West Allis Page 6 Printed on 5/18/2017 License & Health Committee Meeting Minutes April 25, 2017 18. 2017-0169 Communication from Montal L. Hinton regarding ownership of JM 6500 Investments, LLC, 2016-2017 Class B Tavern License no. 2335, for the premises located at 6500 W. Greenfield Ave. See legislative file no. 2017-0245. This matter was Recommended to be Placed on File on a Block Vote. Passed The Block Vote A motion was made by Ald. May, seconded by Ald. Roadt, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 5- Ald. Czaplewski, Ald. Roadt, Ald. Haass, Ald. May, and Ald. Weigel No: 0 F. ADJOURN A motion was made by Ald. Weigel, seconded by Ald. May, to adjourn at 6:40 p.m. The motion carried unanimously. Respectfully submitted, Ann Marie Neff Secretary to the Committee City of West Allis Page 7 Printed on 5/18/2017